Kaur v Minister for Immigration and Border Protection [2014] FCA 1297

Kaur v Minister for Immigration and Border Protection [2014] FCA 1297

There is nothing to suggest that the decision the applicant wishes to challenge is wrong, nor that there is any merit in the application for leave to appeal. Therefore, the extension of time should be refused.

Jurisdiction
Australia
Judgment Date
27 November 2014
Procedural Posture
Application for Extension of Time (leave to Appeal) / Judgment of Extension of Time Application
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'english Language Proficiency' 'judicial Review']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'english Language Proficiency' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time (leave to Appeal) / Judgment of Extension of Time Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal the Federal Circuit Court decision' 'Whether the decision challenged is attended with sufficient doubt to warrant reconsideration' 'Whether substantial injustice would result if leave were refused']

Ratio Decidendi

There is nothing to suggest that the decision the applicant wishes to challenge is wrong, nor that there is any merit in the application for leave to appeal. Therefore, the extension of time should be refused.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time lodged on 9 September 2014 be dismissed.' "The applicant pay the first respondent's costs of and incidental to the application for an extension of time."]